APPLE VALLEY TOWN COUNCIL/
AUGUST 11, 2015
REGULAR SESSION BEGINS AT 6:30 P.M.
PLEASE SILENCE CELL PHONES AND PAGERS UPON ENTERING THE CHAMBERS
The meeting will occur in the Council Chambers located at 14955 Dale Evans Parkway in Apple Valley, California.
This is an agenda for the scheduled meeting of the Town Council of the Town of Apple Valley.
This agenda contains a brief description of each item of business to be considered at today’s meeting. In accordance with the Brown Act, this meeting agenda is posted at least 72 hours prior to the regularly scheduled meeting. The agenda, its supporting documents and all writings received by the Town Council related to these items are public records and available for review during regular business hours in the Town Clerk’s office in the Town Council Chambers. The agenda and its supporting documents, along with live and archived video of the meeting, can be viewed online at http://www.applevalley.org. However, the online agenda may not include all available supporting documents or the most current version of documents.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Town Clerk’s Office at 14955 Dale Evans Parkway, Apple Valley, CA during normal business hours. Such documents are also available on the Town of Apple Valley website at www.applevalley.org subject to staff’s ability to post the documents before the meeting.
Items listed on the Consent Calendar are expected to be routine and non-controversial and, unless the Town Council directs that an item be held for further discussion, the entire Consent Calendar will be acted upon as the first item of business. If the Town Council directs that an item listed on the Consent Calendar be held for further discussion, the item will be addressed immediately after approval of the Consent Calendar.
In accordance with the Rules of Procedure, members of the public may address the Town Council on any item on the agenda and on any matter that is within the Town Council’s jurisdiction. To address the Town Council regarding an item, complete and submit the yellow card entitled Request to Speak. Please indicate on the card whether you are speaking under Public Comments or on an item that is listed on the agenda and please list the item number.
When called, approach the podium and please state your name before giving your presentation. Speakers may address the Town Council for up to three (3) minutes. Speakers are to address the Town Council as a whole through the Presiding Officer. Comments to individual Council Members and/or staff are not permitted.
Individuals, who demonstrate disruptive conduct during Town Council meetings that prevent the Town Council from conducting its meeting in an orderly manner, are guilty of a misdemeanor as stated in PC403, disrupting a public meeting, and are subject to removal from the chambers or arrest.
The Town of Apple Valley recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Town Clerk’s Office at (760) 240-7000 two working days prior to the scheduled meeting for any requests for reasonable accommodations.
TOWN COUNCIL REGULAR SESSION
CALL TO ORDER THE REGULAR SESSION OF THE TOWN COUNCIL MEETING – 6:30 p.m.
Bishop _____, Emick _____, Nassif _____, Mayor Pro Tem Stanton _____, Mayor Cusack _____.
(WHERE APPROPRIATE OR DEEMED NECESSARY, ACTION MAY BE TAKEN ON ANY ITEM LISTED IN THE AGENDA)
INVOCATION: Bishop Marc Lacey, Church of Jesus Christ Latter Day Saints
PRESENTATION: Certificates of Appreciation - Equestrian Advisory Committee - Lovella Sullivan and Barbara Betterley
Presentation - Employee of the Quarter - Orlando Acevedo, Economic Development Manager
Presentation – Barstow Veterans Home – Theresa Rochester, Public Information Officer
Presentation - Animal Services Coalition of Apple Valley - Gina Schwin-Whiteside, Animal Services Manager
Presentation – Transparency Report: AV Ranchos Acquisition Process Expenditures to Date - Marc Puckett, Assistant Town Manager
COUNCILMEMBER COMMITTEE/COMMISSION PARTICIPATION
Boards, Committees and Commissions
TOWN COUNCIL ANNOUNCEMENTS
Suggested items for future agenda:
Time, Date & Place for Next Town Council Regular or Special Meeting:
A. Regular Meeting – Tuesday, August 25, 2015 – Council Chambers
Regular Session at 6:30 p.m.
TOWN COUNCIL CONSENT AGENDA
Recommendation: Adopt all below listed items on the Consent Agenda in one motion. The Consent Agenda is composed of routine non-controversial items of business and will be adopted in whole in one motion unless a request is made by a Council Member to remove a specific item.
1. Approval of Minutes of the Town Council
A. Regular Meeting – July 28, 2015
Approve the subject minutes as part of the consent agenda.
2. June 2015 - Commercial Warrants Schedule
That the Town Council receive, ratify, and file the Commercial Warrants Schedule as presented.
3. June 2015 Payroll/Benefits Warrants Schedule
That the Town Council receive, ratify, and file the Payroll/Benefits Warrants as presented.
4. Initiation of a Development Code Amendment regarding Small Caged Animals and the Keeping of Alpacas
Initiate a Development Code Amendment and forward this issue to the Planning Commission for discussion and a recommendation.
5. Agreement between the Town of Apple Valley and the Apple Valley Unified School District for Use of the Swimming Pool
Approve the updated Swimming Pool Use Agreement between the Town and the Apple Valley Unified School District (AVUSD).
6. Adopt Resolution No. 2015-28, a Resolution of the Town Council of the Town of Apple Valley, California, Approving the Levy and Collection of Assessments for Fiscal Year 2015-16 within the Apple Valley Village Property and Business Improvement District (PBID)
That the Town Council adopt Resolution No. 2015-28, approving the Levy and Collection of Assessments for Fiscal year 2015-16 within the Apple Valley Village Property and Business Improvement District (PBID).
7. Adopt Resolution 2015-29, a Resolution Urging the State of California to Provide New Sustainable Funding for State and Local Transportation Infrastructure and Join the “Fix Our Roads” Coalition
That the Town Council adopt a Resolution urging the State to provide new sustainable funding for State and Local transportation infrastructure and join the “Fix Our Roads” Coalition as requested by the League of California Cities.
8. Yucca Loma Road Widening, Design, (Apple Valley Road to Rincon Road) – Project No. 2015-06
Award a Professional Services Agreement to Kimley-Horn and Associates, Inc. for the Yucca Loma Road Widening, Design, (Apple Valley Road to Rincon Road) — Project No. 2015-06 subject to “Approval as to Form” by the Town Attorney and “Approval as to Content” by the Town Manager.
9. Adopt Resolution No. 2015-30, a Resolution of the Town Council of the Town of Apple Valley, California, Opposing Assembly Bill 113 (AB 113)
That the Town Council of the Town of Apple Valley adopt Resolution No. 2015-30 Opposing AB 113.
10. A Request to Consider an Amendment to Title 9 “Development Code” of the Town of the Apple Valley Municipal Code amending Chapter 9.25 "Deviation Permits" and Chapter 9.35 "Commercial Districts" as it Pertains to Allowing a Reduction in Landscaping and Setback Requirements for the Development of Substandard Commercial Lots
Move to open the public hearing and take testimony.
Close the public hearing. Then:
1. Determine that, pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act (CEQA), the project is exempt from environmental review because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question, the proposed Code Amendment, may have a significant effect on the environment, the activity is not subject to CEQA.
2. Find the facts presented within the staff report support the required Findings for approval of an amendment to the Development Code, and adopt the Findings.
3. Find that the proposed Town Council Ordinance is consistent with the Goals and Objectives of the adopted Town of Apple Valley General Plan and that it is necessary to preserve the health, safety and general welfare of the citizens of Apple Valley.
4. Move to waive the reading of Ordinance No. 473 in its entirety and read by title only.
5. Introduce Ordinance No. 473, revising Title 9 "Development Code" of the Town of Apple Valley Municipal Code by amending Chapter 9.25 "Deviation Permits" and Chapter 9.35 "Commercial Districts" as it pertains to allowing a reduction in landscaping and setback requirements for the development of substandard commercial lots
6. Direct staff to file a Notice of Exemption.
REPORTS, REQUESTS AND COMMUNICATIONS
BUSINESS OF THE COUNCIL
11. Veteran Housing Programs
Receive and file.
12. Discussion on the Placement of Public Records Requests and Responses on the Town of Apple Valley Webpage
This is a discussion item only.
13. Discussion on the Timeframe for Publishing the Town Council Agenda
This is a discussion item only.
14. Vacancies on the Equestrian Advisory Committee
Council Member Bishop to nominate: ___________________ to the Town of Apple Valley Equestrian Advisory Committee.
Mayor Cusack to nominate: ____________________ to the Town of Apple Valley Equestrian Advisory Committee.
15. Discussion of Cancellation of Town Council Meetings of September 8, 2015 and October 13, 2015
Provide direction to staff
TOWN MANAGER’S COMMENTS & LEGISLATIVE UPDATE
DEPARTMENTAL REPORTS AND BUSINESS
A. Crime Statistic Report – Captain Lana Tomlin, Apple Valley Police Department
16. Closed Session.
A. Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation pursuant to Paragraph (2) of subdivision (d) of Section 54956.9: one or more potential cases.
B. Conference with Legal Counsel – Anticipated Litigation – Initiation of litigation pursuant to Paragraph (4) of subdivision (d) of Section 54956.9: one or more potential cases.
C. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-01-002, In the Matter of the Application of Park Water Company-Apple Valley Ranchos Water Company Water System (U346W) for Authority to Increase Rate Charges for Water Service by $3,127,463.00 or 14.88% in 2015, $2,056,455.00 or 8.48% in 2016, and $2,160,731.00 or 8.19% in 2017.
D. Conference with Legal Counsel – Existing Litigation – Pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9, Case Name: Application No. 14-11-013 Joint Application of Liberty Utilities Co., Liberty WWH, Inc., Western Water Holdings, LLC, Park Water Company (U314W), and Apple Valley Ranchos Water Company (U346W) for Authority for Liberty Utilities Co. to Acquire and Control Park Water Company and Apple Valley Ranchos Water Company.
E. Conference with Real Property Negotiators – Pursuant to Government Code Section 54956.8. Property: Apple Valley Ranchos Water Company; Authority Negotiator: Town Manager; Negotiating Parties: Park Water Company, The Carlyle Group, Carlyle Infrastructure Partners, Western Water Holdings LLC; Under Negotiation: Price and terms of Payment.